Latest 3 Cases This Week: Mastan v. Salamon (9th Cir.), Porter v. Nabors Drilling USA, L.P. (9th Cir.), Situm v. Coppess (8th Cir.)
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Curtis D. Harris, BS, CGREA, REB
Associate Degree in Architecture, LACCBachelor of Science in Real Estate, CSULA
State Certified General Appraiser
Real Estate Broker
ASTM E-2018 Commercial Real Estate Inspector
HUD 203k Consultant
HUD/FHA Real Estate Appraiser/Reviewer
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*PIRS/Harris Company and the Science of Real Estate-Partners Since 1984*630 North Sepulveda Boulevard, Suite 9A
El Segundo, CA. 90245
310-337-1973 Office
310-251-3959 CellWebSite: http://www.harriscompanyrec.com Resume: http://www.harriscompanyrec.com/rESUME2011.pdf Commercial Appraiser Blog: http://commercialappraiser.typepad.com/blog/ IT'S THE LAW-Designation Discrimination is Illegal [FIRREA, Sec. 564.6]: Professional Association Membership: "A State Certified General Appraiser may not be excluded from consideration for an assignment for a federally related transaction by virtue of membership or lack of membership in any particular appraisal organization," including the appraisal institute. http://www.ofi.state.la.us/re-otspart565.pdf CONFIDENTIALITY/PRIVILEGE NOTICE: This transmission and any attachments are intended solely for the addressee. The information contained in this transmission is confidential in nature and protected from further use or disclosure under U.S. Pub. L. 106-102, 113 U.S. Stat. 1338 (1999), and may be subject to consultant/appraiser-client or other legal privilege. Your use or disclosure of this information for any purpose other than that intended by its transmittal is strictly prohibited and may subject you to fines and/or penalties under federal and state law. If you are not the intended recipient of this transmission, please destroy all copies received and confirm destruction to the sender via return transmittal.
From: Bankruptcy - Justia Weekly Opinion Summaries [mailto:[email protected]] On Behalf Of Bankruptcy - Justia Weekly Opinion Summaries
Sent: Friday, 28 April, 2017 7:03 AM
To: [email protected]
Subject: Latest 3 Cases This Week: Mastan v. Salamon (9th Cir.), Porter v. Nabors Drilling USA, L.P. (9th Cir.), Situm v. Coppess (8th Cir.)
Free Bankruptcy case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser.Bankruptcy
April 28, 2017
Table of ContentsMastan v. SalamonBankruptcy U.S. Court of Appeals for the Ninth CircuitPorter v. Nabors Drilling USA, L.P.Bankruptcy, Business Law U.S. Court of Appeals for the Ninth CircuitSitum v. CoppessBankruptcy U.S. Court of Appeals for the Eighth Circuit
New on VerdictLegal Analysis and CommentaryMr. No-Government President Discovers the Government MARCI A. HAMILTON Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, describes how the separation of powers built into U.S. democracy is working as it should to prevent abuses of power by, at this time, the executive.Read More
Bankruptcy OpinionsMastan v. Salamon Court: U.S. Court of Appeals for the Ninth CircuitDocket: 15-60031 Opinion Date: April 20, 2017Judge: Mary Murphy Schroeder Areas of Law: Bankruptcy In this bankruptcy appeal, the issue presented for the Ninth Circuit’s review was one of first impression regarding some key provisions of 11 U.S.C. 1111(b) that apply to Chapter 11 proceedings for those who hold non-recourse liens on real property who are granted recourse against the bankruptcy estate upon the filing of the bankruptcy petition. Those protected are creditors who have “a claim secured by a lien on property of the estate.” The issue before the Court was whether the creditor continues to have a right of recourse after there has been a non-judicial foreclosure, so that the property is no longer part of the estate and the liens have been extinguished. The Bankruptcy Appellate Panel (“BAP said no and the Ninth Circuit affirmed.Read Opinion Are you a lawyer? Annotate this case.Porter v. Nabors Drilling USA, L.P. Court: U.S. Court of Appeals for the Ninth CircuitDocket: 15-16985 Opinion Date: April 20, 2017Judge: Richard R. Clifton Areas of Law: Bankruptcy, Business Law Movant-Appellee Nabors Drilling USA, L.P. filed for reorganization under Chapter 11 of the Bankruptcy Code. That filing triggered the automatic stay under 11 U.S.C. 362(a)(1), which generally applied to protect a debtor after it has filed for bankruptcy protection. The question presented in this case was whether that stay applied to a lawsuit filed by appellant-plaintiff Jeremy Porter, who has asserted a claim under California’s Private Attorney General Act of 2004 (“PAGA”). Porter contended the exception established in 11 U.S.C. 362(b)(4) applied to exempt his PAGA claim from the automatic stay. The Ninth Circuit concluded that the exception does not apply to a claim brought by a private party under PAGA, and therefore granted Nabors’s motion to recognize the automatic stay.Read Opinion Are you a lawyer? Annotate this case.Situm v. Coppess Court: U.S. Court of Appeals for the Eighth CircuitDocket: 17-6010 Opinion Date: April 27, 2017Judge: Schermer Areas of Law: Bankruptcy Creditor challenged the bankruptcy court's order confirming debtor's Chapter 13 plan. In this case, Creditor did not provide the panel with a transcript of the relevant bankruptcy proceedings, specifically the confirmation hearing. The panel concluded that, because the bankruptcy court stated her findings of fact and conclusions of law on the record and the panel has no transcript of the bankruptcy court's statements made during the portion of the hearing during which she did so, there was no basis upon which the panel could say that the bankruptcy court erred. Accordingly, the panel affirmed the bankruptcy court's decision.Read Opinion Are you a lawyer? Annotate this case.
About Justia Opinion SummariesJustia Weekly Opinion Summaries is a free service, with 63 different newsletters, each covering a different practice area.Justia also provides 68 daily jurisdictional newsletters, covering every federal appellate court and the highest courts of all U.S. states.All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com.You may freely redistribute this email in whole.About JustiaJustia is an online platform that provides the community with open access to the law, legal information, and lawyers.
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Thanks!
Curtis D. Harris, BS, CGREA, REB
Associate Degree in Architecture, LACCBachelor of Science in Real Estate, CSULA
State Certified General Appraiser
Real Estate Broker
ASTM E-2018 Commercial Real Estate Inspector
HUD 203k Consultant
HUD/FHA Real Estate Appraiser/Reviewer
FannieMae REO ConsultantCTAC LEED-GREEN Certificate The Harris Company, Forensic Appraisers and Real Estate Consultants
*PIRS/Harris Company and the Science of Real Estate-Partners Since 1984*630 North Sepulveda Boulevard, Suite 9A
El Segundo, CA. 90245
310-337-1973 Office
310-251-3959 CellWebSite: http://www.harriscompanyrec.com Resume: http://www.harriscompanyrec.com/rESUME2011.pdf Commercial Appraiser Blog: http://commercialappraiser.typepad.com/blog/ IT'S THE LAW-Designation Discrimination is Illegal [FIRREA, Sec. 564.6]: Professional Association Membership: "A State Certified General Appraiser may not be excluded from consideration for an assignment for a federally related transaction by virtue of membership or lack of membership in any particular appraisal organization," including the appraisal institute. http://www.ofi.state.la.us/re-otspart565.pdf CONFIDENTIALITY/PRIVILEGE NOTICE: This transmission and any attachments are intended solely for the addressee. The information contained in this transmission is confidential in nature and protected from further use or disclosure under U.S. Pub. L. 106-102, 113 U.S. Stat. 1338 (1999), and may be subject to consultant/appraiser-client or other legal privilege. Your use or disclosure of this information for any purpose other than that intended by its transmittal is strictly prohibited and may subject you to fines and/or penalties under federal and state law. If you are not the intended recipient of this transmission, please destroy all copies received and confirm destruction to the sender via return transmittal.
From: Bankruptcy - Justia Weekly Opinion Summaries [mailto:[email protected]] On Behalf Of Bankruptcy - Justia Weekly Opinion Summaries
Sent: Friday, 28 April, 2017 7:03 AM
To: [email protected]
Subject: Latest 3 Cases This Week: Mastan v. Salamon (9th Cir.), Porter v. Nabors Drilling USA, L.P. (9th Cir.), Situm v. Coppess (8th Cir.)
Free Bankruptcy case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser.Bankruptcy
April 28, 2017
Table of ContentsMastan v. SalamonBankruptcy U.S. Court of Appeals for the Ninth CircuitPorter v. Nabors Drilling USA, L.P.Bankruptcy, Business Law U.S. Court of Appeals for the Ninth CircuitSitum v. CoppessBankruptcy U.S. Court of Appeals for the Eighth Circuit
New on VerdictLegal Analysis and CommentaryMr. No-Government President Discovers the Government MARCI A. HAMILTON Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, describes how the separation of powers built into U.S. democracy is working as it should to prevent abuses of power by, at this time, the executive.Read More
Bankruptcy OpinionsMastan v. Salamon Court: U.S. Court of Appeals for the Ninth CircuitDocket: 15-60031 Opinion Date: April 20, 2017Judge: Mary Murphy Schroeder Areas of Law: Bankruptcy In this bankruptcy appeal, the issue presented for the Ninth Circuit’s review was one of first impression regarding some key provisions of 11 U.S.C. 1111(b) that apply to Chapter 11 proceedings for those who hold non-recourse liens on real property who are granted recourse against the bankruptcy estate upon the filing of the bankruptcy petition. Those protected are creditors who have “a claim secured by a lien on property of the estate.” The issue before the Court was whether the creditor continues to have a right of recourse after there has been a non-judicial foreclosure, so that the property is no longer part of the estate and the liens have been extinguished. The Bankruptcy Appellate Panel (“BAP said no and the Ninth Circuit affirmed.Read Opinion Are you a lawyer? Annotate this case.Porter v. Nabors Drilling USA, L.P. Court: U.S. Court of Appeals for the Ninth CircuitDocket: 15-16985 Opinion Date: April 20, 2017Judge: Richard R. Clifton Areas of Law: Bankruptcy, Business Law Movant-Appellee Nabors Drilling USA, L.P. filed for reorganization under Chapter 11 of the Bankruptcy Code. That filing triggered the automatic stay under 11 U.S.C. 362(a)(1), which generally applied to protect a debtor after it has filed for bankruptcy protection. The question presented in this case was whether that stay applied to a lawsuit filed by appellant-plaintiff Jeremy Porter, who has asserted a claim under California’s Private Attorney General Act of 2004 (“PAGA”). Porter contended the exception established in 11 U.S.C. 362(b)(4) applied to exempt his PAGA claim from the automatic stay. The Ninth Circuit concluded that the exception does not apply to a claim brought by a private party under PAGA, and therefore granted Nabors’s motion to recognize the automatic stay.Read Opinion Are you a lawyer? Annotate this case.Situm v. Coppess Court: U.S. Court of Appeals for the Eighth CircuitDocket: 17-6010 Opinion Date: April 27, 2017Judge: Schermer Areas of Law: Bankruptcy Creditor challenged the bankruptcy court's order confirming debtor's Chapter 13 plan. In this case, Creditor did not provide the panel with a transcript of the relevant bankruptcy proceedings, specifically the confirmation hearing. The panel concluded that, because the bankruptcy court stated her findings of fact and conclusions of law on the record and the panel has no transcript of the bankruptcy court's statements made during the portion of the hearing during which she did so, there was no basis upon which the panel could say that the bankruptcy court erred. Accordingly, the panel affirmed the bankruptcy court's decision.Read Opinion Are you a lawyer? Annotate this case.
About Justia Opinion SummariesJustia Weekly Opinion Summaries is a free service, with 63 different newsletters, each covering a different practice area.Justia also provides 68 daily jurisdictional newsletters, covering every federal appellate court and the highest courts of all U.S. states.All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com.You may freely redistribute this email in whole.About JustiaJustia is an online platform that provides the community with open access to the law, legal information, and lawyers.
Contact Us| Privacy Policy
Unsubscribe From This Newsletter
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unsubscribe from all Justia newsletters immediately here.
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